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U. MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Benin Division of the Court of Appeal. The 1st respondent, Mrs. Grace Olanike Akinnubi, as plaintiff, initiated these proceedings before the Akure High Court, Ondo State. From the facts gathered from her pleadings and affidavit verifying the endorsements on the writ, the 1st respondent was the widow of one late Rufus Gbadebo Akinnubi who died intestate in Lagos, on 6th February, 1983. They were married under the Yoruba Customary Law and their marriage was blessed with five children who were all minors when their father, Mr. Akinnubi, died.
The deceased at the time of his death owned a storey building in Okitipupa.
The building was let to Owena Bank (Nigeria) Ltd. the 4th defendants in this suit sometime in 1986, the 2nd and 3rd defendants who are brothers of Mr. Akinnubi, applied to the Probate Registrar, High Court of Justice, Ondo State, for a grant of Letters of Administration of the est…